PROHIBITIONS DURING IHRAM
As has been stated, ihram is established by talbiyah or Ish'aar or Taqleed (see Rule 182) and not otherwise despite the niyyah to wear ihram. Once ihram is worn twenty five matters become forbidden:
2. Sexual intercourse.
3. Kissing a woman.
4. Touching a woman.
5. Looking at a woman and flirting with her.
7. Reciting nikah.
8. Use of scent or perfume.
9. Wearing sewn clothes by men.
10. Applying collyrium (surma).
11. Looking in a mirror.
12. Wearing shoes, slippers or socks.
15. Killing lice or other like insects found on humans.
16. Beautifying oneself.
17. Applying oil.
18. Removing hair from the body.
19. Covering the head by males or diving in water even by females.
20. Covering of the face by females.
2l . Being under shade by males.
22. Taking out blood from the body.
23. Cutting nails.
24. Extracting tooth, as stated by some scholars.
25. Carrying arms.
While in the state of ihram it is forbidden to hunt, hurt, injure or kill a free animal, including domesticated animals, whether it is in the Haram or outside and whether it is hunted for eating or not. It is absolutely forbidden to hunt in the Haram even if the hunter is not in the state of ihram.
Just as it is forbidden for a pilgrim to hunt while in the state of ihram, so is it forbidden to aid a hunter even by pointing at the animal. In this regard there is no difference whether the hunter is a pilgrim in ihram or not.
It is not permissible for a pilgrim in the state of ihram to hold a prey and keep it under control, even if he had hunted it before wearing ihram or was hunted by someone else, whether inside or outside the Haram.
It is not permissible for a pilgrim in the state of ihram to eat the meat of the prey even if the hunter was outside the Haram. It is forbidden for a person who is not in the state of ihram to eat the meat of a prey of a pilgrim in the state of ihram who killed it by hunting or sacrificed it after hunting it. It is forbidden for a person who is not in the state of ihram to eat the prey of a pilgrim who hunted in the Haram in the state of ihram.
The rules regarding the free animals also apply to their young ones. It is apparent that it is forbidden for pilgrims in the state of ihram to take, break or eat their eggs. As a matter of caution, he should not even help others to do so.
The rules stated above are for Free animals, including grasshoppers but there is no objection to catching any of the inhabitants of the sea, like fish. Those who live both on land and sea are regarded as free animals but there is no objection in catching those in respect of whom there is doubt as to whether they live on land or in the sea.
As it is unlawful for a person in the state of ihram to hunt free animals, so it is forbidden to kill any of the reptiles even though it is not considered hunting. There are some exceptions:
(1) the domestic animals, like sheep, cow and camels and poultry including turkey. So, it is permissible to kill these and the same rule applies when there is a doubt as to whether an animal is a domestic one or not;
(2) when a person in the state of ihram has a fear of his safety, for example, from wild animals or snakes attacking him, it is permissible to kill them;
(3) it is permissible to kill vultures if they are hunting the pigeons in the Haram.
(4) it is permissible to kill vipers, other dangerous snakes, scorpions and mice and there is no penalty for killing them.
There is no objection in a pilgrim in ihram throwing an arrow at a crow or kite and there is no penalty should any of them be killed by the arrow.
PENALTIES FOR HUNTING
For killing grazing livestock, the penalty is a camel; for killing a wild cow it is a cow; for killing a wild donkey it is a donkey or a cow; for killing a gazelle or a hare it is a sheep and the same, as a matter of caution, is the penalty for killing a fox.
If the penalty for the animal killed is a camel and it is not available, then the obligation is to feed sixty poor people each of whom should be given 750 grams of food and if it is not possible to do so, then the penalty is fasting for eighteen days. If the penalty is a cow and is not available, thirty poor people must be fed and if this is not within means then the penalty is fasting for nine days. If the penalty which has become obligatory is sheep and it is not available, ten poor people must be fed and if this is not within means, then three fasts be observed.
For killing a sand grouse, partridge or francolin and their likes the penalty is a lamb who has stopped taking its mother's milk and feeds on grass. For killing a sparrow, lark and the like the generally accepted penalty is feeding 750 grams of food. For killing other birds, the likes of pigeons, the penalty is a sheep and the penalty for killing their young ones, the penalty is a lamb or the young of a goat. If its egg is broken the penalty is a dirham if there is no foetus, but otherwise, the ruling is the same as that for the young ones of a bird and out of caution the young lamb feeding on its own. For killing a grasshopper, the penalty will be a date; if more than one was killed, the penalty will be a handful of food and if many were killed, then it will be a goat.
For killing a mouse, hedgehog or lizard and the likes, the penalty is a young goat and for a grasshopper the penalty will be a handful of food.
For killing a wasp deliberately the penalty is feeding some food but if done in defending oneself there is no penalty.
If a person in the state of ihram hunts an animal outside the boundaries of Haram, he must pay a penalty or the price of the animal when there is no fixed penalty. However, if a person who is not in the state of ihram hunts an animal inside the boundaries of Haram, he must pay the price of the animal, except for hunting a lion when the penalty is a sheep. If a person in the state of ihram hunts inside the boundaries of Haram, he must pay both the penalty and the price.
It is obligatory on a pilgrim in the state of ihram to avoid the path on which there are grasshoppers but if that is not possible then there is no objection if they get killed.
If a group of pilgrims in ihram jointly kill an animal each of them will be liable to the penalty.
The penalty for eating the hunted animal is the same as for killing it. Thus if the pilgrim in ihram hunts the animal and then eats it, he will be liable to double penalty.
If a person has with him the hunted animal and enters the Haram with it, he must immediately free the prey and if he does not do so and the animal dies, he becomes liable to the penalty. The same is the rule if the hunting took place before ihram but the animal died after ihram and as a matter of caution the penalty must be satisfied even if he did not enter the Haram with it.
The penalty for hunting an animal and eating its meat applies whether the act was done deliberately or in error or out of ignorance.
If the hunting is repeated, so is the penalty, whether the hunting was out of ignorance, by oversight or deliberate. The same rule applies to the hunting in the Haram by a native or a pilgrim in the state of ihram. However, if a pilgrim in ihram hunts repeatedly during the same state of ihram, he will meet the penalty once.
Sexual intercourse is forbidden for a pilgrim in ihram for an Umrat-ul-Tamatoo or Umrat- ul-Mufradah or during Hajj and even after performing them but before reciting the prayers (salaat) for the Tawaf ul-Nisa.
Rule 220: If during an Umrat-ul-Tamatoo a pilgrim intentionally has sexual intercourse, whether vaginal or anal, then if he does so after performing saee, the Umrah is not invalidated but there is an obligatory penalty upon him which, as a matter of caution, should be a young camel or a cow. If the intercourse takes place before saee is completed, the penalty will be as stated above. As a matter of caution, he must complete his Umrah and the pilgrimage after it and repeat both of them in the ensuing year.
If a pilgrim in the state of ihram for Hajj deliberately has sexual intercourse with his wife, whether vaginal or anal, before the stay at Muzdalifah his Hajj is invalidated and if the lady is also in ihram and indulged knowingly and voluntarily, her Hajj is also invalidated. There is a penalty on each of them and they are also obliged to complete the remaining ceremonies and repeat the Hajj in the following year, whether the pilgrimage was obligatory or optional. However, if the lady was compelled into the act, her Hajj is not invalidated, there will be no penalty on her but the husband who compelled her will be obliged to pay double penalty. The penalty for the intercourse is a camel but if one cannot afford it, the penalty is a sheep and it is mandatory that the husband and wife live separately during the remainder of the pilgrimage, that is, they should not meet except in the presence of a third person until they complete all the ceremonies of the pilgrimage, including the ceremonies at Mina and return to the point where the intercourse took place and, unless accompanied by a third person, also during the repetition of the Hajj in the following year until they reach the place where the intercourse took place in the preceding year.
If a person in ihram has sexual intercourse with his wife deliberately after the stay at Muzdalifah but before completing the fourth round of Tawaf ul-Nisa, then the penalty above stated is obligatory on him but his pilgrimage is not invalidated.
If a person has sexual intercourse with his wife deliberately during the Umrat-ul-Mufradah, he is liable to the above stated penalty but his Umrah is valid if the intercourse took place after saee, otherwise the Umrah is invalidated as well. It is then mandatory on him to remain in Makkah for another month, then depart to one of the meeqaats and wear ihram again for the repetition of the Umrah. It is not sufficient to wear ihram from the nearest border to Hill. As a matter of caution, he must also complete the invalidated Umrah.
If a pilgrim relieved from his ihram performs a sexual intercourse with his wife who is still in ihram, she becomes liable to a penalty; the price for it must be borne by the husband and the penalty is a camel.
If a pilgrim in the state of ihram has sexual intercourse with his wife out of ignorance or oversight, his Umrah and Hajj are valid and there is no penalty on him. This rule applies also in respect of all the other prohibitions which attract penalties. That is to say that an act of a pilgrim in ihram will not attract a penalty if it was performed out of ignorance or by oversight, except in the following cases:
(1) if he forgets a tawaaf in Hajj or umrah till he returns to his country and has intercourse with his wife;
(2) if he forgets some portion of the saee in the Umrat-ul-Tamatoo and has intercourse with his wife considering himself relieved;
(3) if he needlessly keeps his hand on his head or beard and a hair or two drop off;
(4) if out of ignorance, he applies oil to his body. The rules relating to these aspects will be discussed at their appropriate places.
3. Kissing a Woman:
It is not permissible for a pilgrim in the state of ihram to kiss his wife with passion and if he does so and as a result ejaculates, he is liable to a penalty of a camel and, as a matter of caution, must satisfy the penalty even if there was no ejaculation. If the kissing was without passion, the penalty is a goat.
If a person who is not in the state of ihram kisses his wife who is in state of ihram, then, as a matter of caution, he must pay a penalty of a goat.
4. Touching a Woman:
It is not permissible for a pilgrim in ihram to touch, carry or cuddle his wife with passion. If he does so, whether he ejaculates or not, he becomes liable to a penalty of a goat but if he touches, carries or cuddles her without passion, no penalty is incurred.
5. Looking at and Playing with a Woman:
It is not permissible for a person in the state of ihram to indulge in foreplay with his wife If he does so and ejaculates, he is liable to a penalty of a camel but if he is unable to meet this penalty, then he is liable for a goat. If he looks at her without passion and he ejaculates, he is liable to a penalty of a camel. If, however, he looks at her, even with passion but does not ejaculate, he has sinned in ihram but there is no penalty on him.
If a pilgrim in ihram unlawfully looks at a lady who is a stranger to him and ejaculates, he is liable to a penalty of a camel or if his living is of an average standard, a cow or, if he is poor, a goat. If there is no ejaculation, no penalty is incurred.
It is permissible for a pilgrim in ihram to enjoy talking to his wife and meeting her in conditions other than those stated above.
If a pilgrim in the state of ihram masturbates, the rule of intercourse applies to him. If this happens before the stay at Muzdalifah, his Hajj is invalidated and it is obligatory on him to complete the ceremonies and repeat the pilgrimage in the following year. If this act occurs in the Umrat-ul-Mufradah before completing saee, his Umrah is invalidated and he is obliged to complete it and repeat it as stated above. The penalty for it is the same as for intercourse. If, however, there is ejaculation without masturbation, for example, by looking only or imagining, the penalty still attaches but the Hajj or Umrah is not invalidated but, as a matter of caution, it must be repeated.
7. Recitation of Nikah:
It is forbidden for a pilgrim in the state of ihram to recite nikah for himself or another person, and whether the other is also in the state of ihram or not and whether the intended marriage is permanent or temporary. In all these conditions, the marriage is invalid.
If a pilgrim in the state of ihram recites a nikah with a lady or a person not in the state of ihram recites it for him and the husband has intercourse with her when the reciter and the husband were aware that the nikah was performed in the state of ihram, both are liable to a penalty of a camel and the lady will also be liable to the penalty if she was aware of the circumstances.
As a matter of caution, a person in the state of ihram should not propose to a lady for marriage. However, there is no objection to reverting to a lady who had been divorced by way of a reversible divorce.
8. Use of Scent or perfume:
It is forbidden for a person in ihram to smell, apply or eat saffron, oud, misk, waras or amber and the like. It is also forbidden to wear clothes which have scent or perfume on them. As a matter of caution, one must refrain from all kinds of scent and perfume, like rose, jasmin,etc. There is one exception which is `Khulooqul-Kaaba' which is extracted from saffron and other materials and is applied on the Holy Kaaba.
It is not forbidden to eat fruits which have a scent in them, like apples and quince.As a matter of caution, one must close the nose when eating them.
If a person in ihram deliberately consumes an item of perfumery, it is generally accepted that the penalty on him is a sheep. However, there is doubt whether there is any penalty for using it otherwise than by consuming it, although as a matter of caution one must satisfy the penalty.
It is forbidden for a pilgrim in the state of ihram to close his nose to bad smell, although there is no objection to moving away quickly from the smell.
9.Wearing Sewn clothes by Men:
It is forbidden for a male pilgrim in the state of ihram to wear a shirt, robe, trousers, cloak with sleeves or armour or garment with buttons. As a mater of caution, he must refrain from sewn clothes. However, there is no objection in tying a sewn money purse round the waist or over the shoulder to protect the cash. Likewise it is permissible to use a sewn belt to support a rupture, for example of a hernia. He can also use a sewn kilt or covering but he must not let it cover his head.
As a matter of caution, one must not tie the lose ends of the loin cloth round one's neck ; indeed one must not tie a knot in the loin cloth at all, that is, one must not connect the two ends of the loin cloth, either by a knot or by a pin or needle. As a matter of caution, one must not tie a knot in the cloth round the shoulders either but one connect its loose ends with a pin or a needle.
Ladies can wear sewn dresses in the state of ihram but should not wear a pair of gloves.
If a pilgrim in the state of ihram deliberately wears anything forbidden, the penalty is a sheep. As a matter of caution, the penalty must be paid even if the infringement is involuntary. If it is repeated, there is a penalty incurred for each repetition, even if it involves simply the deliberate change of the clothes.
10. Applying Collyrium (Surma):
Two circumstances of its application need consideration:
(1) Application of black collyrium for beautification is totally forbidden, except if used for treatment.
(2) Application for beautification of collyrium which is not black without intention of beautification is not objectionable and carries no penalty. However, it is preferable to sacrifice a sheep if the collyrium was mixed with something unlawful.
11. Looking in a Mirror:
It is forbidden for a pilgrim in the state of ihram to look in a mirror for the purpose of beautification and, as a matter of recommended caution, a penalty be paid of a sheep for its breach. However, there is no objection to looking in a mirror for any other reason, for example, a driver looking in the mirror to see what is behind his vehicle or a pilgrim needs to look into a mirror to treat his face of some injury,etc or to ensure that there is nothing on the face to obstruct water for wudhoo reaching the skin. If one has looked in the mirror for beautification, it is recommended to renew the talbiyah. There is no objection to the wearing of spectacles by men or women for a cause other than beautification. This rule applies to looking in other clean transparent substances which have the same effect as a mirror.
12. Wearing Shoes, Socks or Stockings:
It is forbidden for a male pilgrim in the state of ihram to wear shoes, socks or stockings if they cover the foot. He is, however, permitted to wear what covers only part of the foot or to cover the whole foot without wearing anything, for example, by letting the cloth of the ihram round the waist to cover the whole foot while sitting. The penalty for wearing shoes, socks or stockings is a sheep, as a matter of caution. There is no objection to women wearing them. If a pilgrim in ihram is unable to obtain slippers and it becomes necessary for him to wear shoes, then it is recommended caution that he should tear off the front part.
13.Lying and Abuse:
Lying and abusing is forbidden at all times but more seriously so when one is in the state of ihram. However, maintaining one's dignity by reason of one's social status in a manner as to despise other believers is forbidden, otherwise there is no objection in such conduct whether in the state of ihram or not. There is no penalty for such behaviour except that the pilgrim must seek forgiveness of Allah but, as a matter of caution, he should sacrifice a cow.
It is forbidden for a pilgrim in the state of ihram to quarrel with others. particularly to swear by Allah in order to prove something. It is apparent that the prohibition is not exclusively for La Wallah (No, by Allah) or Bala Wallah (Yes, by Allah) but includes all types of swearing in the name of Allah in any language, even though it does not include la or bala. However, swearing by other than Allah is not taken into account.
There are two exceptions to the rule in 248 above:
firstly, it is permissible to swear if it is necessary to do so to establish a right or disprove a false claim;
secondly, if it is not intended to take an oath or swear but for another purpose altogether, like showing respect or affection and saying," La Wallah (No by Allah) do not do so".
There is no penalty far taking an oath if it is true but should seek forgiveness from Allah if he has done so only twice; otherwise there is a penalty of a sheep. However, if the oath is untrue, the penalty is a sheep for the first time, two sheep for the second and a cow for the third time. ; That is the maximum penalty. However, if he has paid the penalty and yet took
another false oath, the penalty repeats in the same order.
15. Killing of Insects found on the Body:
It is forbidden for a pilgrim in the state of ihram to kill lice on one's body or throw them from one's body or, as a matter of caution, clothes but there is no objection in removing them from one place to the other. If it is killed, then as a matter of caution, the penalty is feeding the poor a handful of food. As for mosquitoes, gnats and the like, as a matter of caution, it is better to avoid killing them so long as they do not harm the pilgrim but it is permissible to kill them to protect oneself, although as a matter of caution one should avoid doing so.
16. Self Beautification:
As a matter of caution, a pilgrim in the state of ihram should avoid whatever is considered to be beautification, whether or not he has the intention to beautify himself,; including applying 'hina' in the usual way. However, it is permissible to indulge in what is not considered as beautification as if it is used for treatment or the like. It is also permissible to apply it before wearing ihram even though its effect continues while the pilgrim is in the state of ihram.
It is permissible in the state of ihram to wear a ring, not for beautification but as an act recommended in the religion or to take care of it so that it is not lost out for the purpose of counting the rounds of tawaaf but, as a matter of caution, wearing it for decoration must be avoided.
It is forbidden for a lady in the state of ihram to wear decorative jewellery unless she customarily wore them before getting into the state of ihram but she should not exhibit them to her husband or, as a matter of great caution, to any male who is mahram to her. There is no penalty for beautification.
17. Applying Oil:
It is not permissible for a pilgrim in the state of ihram to apply oil on the body even if there is no perfume or scent in it unless it is applied for necessity or treatment.
If the oil which contains perfume is applied deliberately, the penalty for it is a sheep but if it is applied out of ignorance then, as a matter of caution, a poor person should be fed as the penalty.
18. Removal of Hair from the Body:
It is forbidden for a pilgrim in the state of ihram to shave or pluck even one of his hair or the hair of another whether in ihram or not. There are three exceptions to this rule:
(1) if there are plenty of lice on the body of the pilgrim and is troubled by them;
(2) if it becomes necessary to remove them, for example the length or quantity of hair causes headache or for such other cause;
(3) if the hair drop off by themselves in the course of wudhoo or ghusl.
If a pilgrim in the state of ihram shaves his head without any necessity to do so the penalty for the act is a sheep but if he does so out of necessity, then the penalty is a sheep or fasting for three days or feeding six poor persons, each receiving a kilo and a half of food. If he removes the hair under the armpits, the penalty for it is a sheep and, as a matter of caution, that will also be the penalty if he removes the hair under one armpit only. If he removes the hair of the beard and the other hair the penalty is feeding a poor man a handful of food. There is no penalty for a pilgrim to shave the head of another person, whether the other is in the state of ihram or not.
There is no objection to a pilgrim in the state of ihram scratching his head or body if no hair falls or blood oozes. If the pilgrim without any reason moves his hand on his head or beard and one or two hair drop off, he must give in charity a handful of food. If this happens in the course of wudhoo or such act, then there is no penalty on him.
19. Covering of the Head by Men:
It is not permissible for a male pilgrim in the state of ihram to cover his head or part of it by any means, even clay. As a matter of caution, he must not carry anything on his head. However, placing a leather water bag on the head or tying it with handkerchief and the like in order to reduce a headache is permissible. Likewise, it is forbidden to cover the ears.
It is permissible to cover the head with a part of the body, like hands but it is better to avoid doing so.
As a matter of caution, it is not permissible for a pilgrim in the state of ihram to immerse his body above the neck in water and the like and the rule is applicable to both males and females.
If a pilgrim in the state of ihram covers his head, the penalty for it, as a matter of caution, is a sheep and obviously there is no penalty if the act is done under necessity.
20. Covering of the Face of Ladies:
It is not permissible for a lady in the state of ihram to cover her face with a chador or niqab or a hand fan or the like. As a matter of caution, she should not cover even a part of the face. However, she can cover it while sleeping and there is no objection to covering part of the face in prayers (salaat).
In the state of ihram, ladies can cover their faces by pulling the end of the veil from the head onto the nose and it is apparent that there is no need to hold the end of the veil away from the face by hand or otherwise, though it is better to do so as a matter of caution.
As a matter of great caution, the penalty for covering the face is a sheep.
21. Remaining under Shade by Men:
One can remain under shade in two ways:
(1) By using an umbrella or the roof of a coach or an aeroplane. This is forbidden for men in the state of ihram if the shade is above the head. However, it is allowed to remain under the shade of a moving cloud or if the shade falls on one side only, that is, pedestrians can walk beside a car producing a shade on one side or the like. As a matter of caution, riders must avoid shade unless the shade from objects producing shade from both sides is so short that it does not cover the head and chest of the pilgrim.
(2) By being under fixed objects like the shade of walls, tunnels, trees, mountains, etc. Being under such shade is allowed for a pilgrim in the state of ihram and whether he is riding or on foot. There is no objection in protecting oneself from the sun with one's bare hands, although, as a matter of caution, it is better to avoid doing so.
The meaning of avoidance of cover is that no protection be used against the sun or rain but there is no objection to protecting oneself from wind, heat, cold, etc. It means that there is no objection to riding in a covered bus during the night even if it is not raining, even though he is protected against wind.
Once the pilgrim in the state of ihram arrives in Makkah, there is no objection to his moving under shade even if he has not yet organized accommodation, just as there is no objection during the journey to remain under shade of a house in which the pilgrim is resting. Similarly, if the pilgrim stops at the house of a friend or any other person, it is apparent that he is permitted to be under shade. The question still remains as to whether her he is permitted to be under the shade of a moving object, like an umbrella, when, for example, he has arrived in Makkah and wishes to proceed to the Holy Mosque for tawaaf and saee or when in Mina wishes to proceed to the place of sacrifice. It is difficult to answer these questions affirmatively, so, as a matter of caution, one should avoid doing so.
There is no objection to women or children being under shade or men out of necessity or fear of heat or cold.
The penalty for being under shade is a sheep, whether the breach was deliberate or out of necessity. If it is repeated, then, as a matter of caution, a sheep be given for each day of the breach although it is apparent that there is only one penalty for the entire state of ihram.
Removal of the Blood from the Body:
It is forbidden for a pilgrim in the state of ihram to remove blood from his body even, as a matter of caution, during brushing his teeth. However, there is no objection in doing so out of necessity or to relieve pain. The penalty for its breach, as a matter of recommended caution is a sheep.
23. Cutting Nails:
It is forbidden for a pilgrim in the state of ihram to cut his nails or part of them unless it is causing injury to him. For example, if part of the nail has become blunt and causes pain to the remainder of it, it is permissible, in the circumstances, to cut the nail.
The penalty for cutting one nail is 3/4 kilo (750 gms) of food and the penalty for cutting all the nails of the hand in one sitting is a sheep. The same is the rule for cutting the nails of the feet. If the nails of the hands and feet are cut in one sitting, the penalty is a sheep. If the nails of the hands are cut in one sitting and those of the feet in another, the penalty is two sheep.
If a person in the state of ihram cuts his nails by following a ruling that it is permissible to do so and in the process blood oozes out, the penalty for the act, as a matter of caution, must be paid by the person who gave the ruling.
24: Extraction of tooth:
Scholars are unanimous in the view that extraction of tooth by a person in the state of ihram is forbidden even if no blood comes out in the process and the penalty for the act is a sheep. Although there is doubt in the reasoning for this view, it is not far from being the correct view.
25: Wearing of Arms:
It is forbidden for a person in the state of ihram to wear arms, like sword, gun and the like which would generally be regarded as arms. Items of protection, like an armour etc., are excluded from this rule.
There is no objection if the arms are in the luggage and are not connected to the body although, as a matter of caution, it is better to avoid having them altogether.
Carrying of arms is forbidden only in ordinary conditions but if there is necessity to carry them, for example, when there is fear of enemies or thieves, then there is no objection in doing so.
As a matter of caution, the penalty for carrying arms without necessity is a sheep.
MATTERS FORBIDDEN WITHIN
Matters forbidden for the pilgrim in the state of ihram have now been covered and we proceed to deal with the matters forbidden to the pilgrim and the native:
First: Hunting in the Haram is forbidden to the pilgrim and the native as stated before.
Second: Uprooting grass or cutting down trees in the Haram is forbidden. However, there is no objection if grass gets uprooted in the course of ordinary walk or letting animals feed on the grass but it is better to avoid cutting grass to feed them. There are some exceptions to the rule:
(1) Edhkher' which is a well known herb;
(2) Date palm and fruit trees;
(3) Grass or trees planted by an individual;
(4) Trees or grass growing on the premises of an individual after the purchase of the property or settling in it except that the trees that were there at the time of the purchase of the property do not fall within the exception.
If the roots of a tree are in the area of the Haram but its branches fall outside it or vice versa, it will be governed as though it were wholly within the area of the Haram.
The penalty for cutting down a tree is its value and the penalty for cutting a portion of it is the value of the portion cut off but there is no penalty for cutting grass.
Third: It is not permissible to impose the religious punishment upon a person who guilty of an act committed outside the Haram has taken refuge inside the Haram. However, people should refrain from feeding such a person or communicating with him till he has no option but to leave the Haram and submit to the punishment.
Fourth: It is highly discouraged to pick lost property within the Haram but if a person has picked it and finds no sign to recognise its owner, he may keep it for himself. As a matter of caution, however, it is recommended that he should give it in charity on behalf of its owner. If its price is more than one dirham (3.456 gms of silver) he should announce for one year that he has found it and if the owner does not claim it, then he must give it in charity on behalf of the owner.
BOUNDARIES OF HARAM
The boundaries of Haram are known and have ben handed down from generation to generation. From the north is Tan'eem, north-west is Al-Hudaibiyyah, that is, Shamisi, north-east is Thaniyyatu Jabalal Maqtai, east is Batan Namirah, south-east is Ja'ranah and from south-west is Idhaatul Laban.
The boundaries of Madinah are the mountains of Aaer and Waeer and the valleys of Waaqim and Laili. Although it is not obligatory to wear ihram from Madinah, it is not permissible to cut the trees, especially the green ones, and, as a matter of caution,
hunting is not permitted at all.
PLACE OF SACRIFICE
If the penalty is for hunting in the course of an Umrat-ul-Mufradah in the state of ihram, the animal must be sacrificed in Makkah but if it was in the course of Hajj then the animal must be sacrificed in Mina. As a matter of caution the same roll applies to any other penalty.
If the penalty has become due on a pilgrim in the state of ihram for hunting or otherwise but has not been fulfilled until after completion of the pilgrimage and arrival at home, he has the option where to sacrifice the animal.
DISBURSEMENT OF THE SACRIFICE
All penalties which were incurred by a pilgrim must be handed to the poor and needy. As a matter of caution he must refrain from eating it, and if he did so, he must pay its price to the poor.